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1975 Supreme(All) 243

H.N.KAPOOR
Brijendra Singh – Appellant
Versus
Brij Kumar Gupta – Respondent


H. N. KAPOOR, J.

( 1 ) THIS is a petition under Section 482, Cr. P. C. filed for quashing the order of the Magistrate, dated 29th April, 1975, by which he ordered Bus No. USO 4385 to be delivered to Brij Kumar Gupta opposite party No. 1, as it was deemed to have been recovered from his possession. The bus was seized by the police on the basis of a first information report lodged by the petitioner under Sections 420, 468 and 379, I. P. C. against Brij Kumar Gupta. It was alleged in the first information report that the petitioner had purchased the bus from the firm Kishun Lai Brijesh Kumar and the same had been financed by Brij Kumar Gupta opposite party No. 1 and the money had been borrowed from him on the basis of a pronote for a sum of Rs. 12,500. It was further alleged that it had been settled between the petitioner and Brij Kumar Gupta that the petitioner would pay Rs. 1,000 per month to Brij Kumar Gupta and the petitioner used to pay the money regularly to him, but Brij Kumar did not issue any receipt, It was also alleged that Brij Kumar had obtained signatures on blank papers and stamp papers from the petitioner when he was under the influence of liquor. On 1st January, 1975,











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